新墨西哥州的儿童监护权

Establishing child custody arrangements is often a very difficult time for children and their families.  One of the most common issues our 阿尔伯克基 family law attorneys deal with is Child Custody. 对新墨西哥州的许多父母来说,孩子的监护权是一个问题, will likely be a factor for any family in which the parents do not co-habitat (live together). Enlisting the help of an 阿尔伯克基 child custody lawyer can help to ease some of the fear and anxiety associated with this process.  我们会努力保护您孩子的情感, 从头到尾保持身心健康. 如果你的案子需要帮助, 网上赌app三公软件

NM儿童监护权听证会

法律和. 监护权

法定监护 refers to the right of a parent or parents to make decisions regarding religion, 医疗保健, 学校教育, 居住及康乐活动.  The state of New Mexico expects parents to share legal custody and to manage these decisions and responsibilities equally. 这是更好的,被称为共同监护.   Sometimes due to unfortunate and compelling factors such as drug abuse, 虐待儿童, serious criminal activity and domestic violence the court rules in favor of sole custody where only one parent has the legal authority to make decisions for the child. Neither joint or sole custody has a bearing on how often a parent actually sees the child.

监护权 指孩子花在父母身上的时间.  许多因素促成了对人身监护权的决定.  These factors can include the parent's mental and physical health, 就业需求, 以及孩子的年龄.  简而言之, 如果你想拥有孩子的大部分监护权, you need to prove that you are the parent who meets their daily needs and that your best suited to do so. 在新墨西哥州, the court takes into consideration the wishes of the child in determining physical custody, 尤其是当孩子14岁或更大的时候. 然而, 这并不意味着孩子会得到“选择”, rather that the court will take their preference into consideration.

It is always the court's intent to do what is in the best interest of the child.  Because the definition of the best interest of the child is so fluid, 也许主观,  you need to make sure that you seek out the services of an experienced child custody lawyer.

新墨西哥州的共同监护权

Unless you agree to a time-sharing schedule with the other parent, 或者有虐待的指控, 疏忽或不安全的情况, 法官可能会实施一项共同监护权育儿计划, where parents either split custody 50-50 or one parent will get primary custody and the split could be, 例如, 60-40 or 70-30. Judges use the standard of what’s in the best interest of the child when making these determinations. That means they will consider who is the primary caregiver when deciding who will have primary physical custody. 如果你想拥有孩子的主要监护权, you must prove that your the parent who takes care of their daily needs, 带他们去学校, 医生的预约, 帮助他们做作业,参与他们的生活. 父母双方参与的越多, the more likely the court will insist on an equal time-sharing schedule. 类似的, if one parent is much more involved or better able to care for the child, 法庭很可能会授予父母主要的身体监护权.  然而, 即使父母中的一方拥有主要的监护权, 法定监护权可能仍将各占一半, meaning the custodial parent will still need to consult the other parent on major life decisions.

新墨西哥州的唯一监护权

正如我们所说的, 在新墨西哥州, family law judges make decisions based on the standard of what is in the best interest of the child. This standard aims to promote a child‘s emotional, mental, physical wellbeing and development. That means a court will only award sole custody of a child if it advances these goals and determines that such a custody arrangement is in the child’s best interest. Sole custody grants one parent all of the rights and responsibilities of raising the child while taking them away completely to the other parent. 单独监护权可以是合法的,物理的,或者两者兼有. Courts may award sole custody to one parent if the other parent has been determined to be an unfit parent. 还记得, 就因为你不同意对方父母的教育方式, 约会, 或者生活方式的选择并不意味着他们是不称职的父母. The courts will be very reluctant to remove a parent's parental rights so the standard for “unfit” is usually pretty high. 一般, a parent can be found to be unfit if they have a (provable)  drug or alcohol addiction or if there are findings of 虐待儿童 or neglect. Other factors considered by the court are whether the parent has placed the child in dangerous situations previously or whether the parent has a history of violence or mental instability that would make them a threat to the child or unable to care for them. 

 

修改儿童监护协议

While child custody agreements are ment to be permanent, child custody is not always set in stone.  Circumstances often change and the court can modify the order at any point until the child reaches the age of 18.  通常,为了 法院批准修改 以下两个事实必须被证明是正确的

  • There has been a substantial change of circumstances affecting the welfare of the child.
  • 修改是为了孩子的最大利益.

Establishing child custody or requesting a modification to an existing order is a very sensitive and personal matter.  Let the experienced child custody lawyers at 属法律团体 work with you to get the best possible outcome for you and your family. 电话, 网上赌app三公软件, or chat with someone live using our website chat function to start solving your problem, today!

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